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Re: Mozilla Firefox's icon and trademark

On Fri, Mar 05, 2004 at 05:13:51PM +1100, Matthew Palmer wrote:
> [This is so utterly -legal's territory.  It's going over there]

And what's more, we just *had* this discussion in the past couple of
days. It's even part of the same thread.

> On Fri, Mar 05, 2004 at 01:41:23PM +1100, George Dekavalas wrote:
> > Today I received this email from bart@mozilla, so lets hope this helps
> [...]
> > We definitely want to work with the Debian project such that Debian 
> > includes a copy of Mozilla Firefox that is named as such and includes 
> > our official logos. 
> > 
> > Our main concern is that, if we make our logos available as part of the 
> > source code that's licensed under the MPL, that would invalidate our 
> > trademarks.
> Sigh.  As I understand it, a copyright licence and a trademark licence can
> be completely separate - and should be, normally.  Mozilla can let us copy
> those logos to our hearts' content via a copyright licence, yet still
> restrict their use as a mark of trade.
> There is no reason why they can't provide their trademarks under a Free
> copyright licence such as the MPL.  Copyright controls copying, not the way
> in which the copyrighted work is used.  Similarly, a trademark controls how
> a mark of trade (such as a logo, image, saying, word, or other such thing)
> can be *used* regardless of the copyright status of the mark.


Trademark law says that I cannot create an name/image/whatever which
looks confusingly similar to the registered firefox trademarks and use
them for something which is not firefox without the permission of the
trademark holders. Even if it's entirely my own work, and provably not
a derivative work of an official firefox logo.

Copyright law says that I cannot take the official firefox logo,
change it to look like something else entirely, and distribute it.

We consider the former to be DFSG-free and the latter to be non-free
(and require explicit permission to do the latter from the copyright
holder). That's all there is to it. I can't imagine why Mozilla would
want to forbid this, other than a total lack of comprehension of the
difference between trademarks and copyrights.

  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
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